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THOMAS v. GRAYSON3/21/1994
to the commencement of the
The subsequent adoption of Rules 15 (c) and 17 (a), SCRCP allow for the relation back of an amendment to the complaint to assert the qualification in South Carolina of the foreign personal representative in an action which was otherwise timely.
While our older cases answered this question negatively, our present Rules of Civil Procedure 15(c) and 17(a) require that such a pleading now be permitted. The rationale of the older cases was based on the idea that a change in plaintiff's capacity to sue was tantamount to bringing a new cause of action. The rule does not defeat the legitimate use of the statute of limitations. It however, prevents the defendant from defeating the plaintiff's claim on a technicality in the pleading. We find that relation back of an amendment to assert the qualification under South Carolina law can be allowed.
We decline to address the District Court's third question since our analysis of the first two questions is dispositive.
Certified questions answered.
CHANDLER, C.J., MOORE and WALLER, JJ., and JASPER M. CURETON, Acting Associate Justice, concur.
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